Welcome
CAROLINAS COUNCIL FOR AFFORDABLE HOUSING
Limited English Proficiency Panelists
Tami Fossum,
HCCP, CAPS, CPM
Jason Buffkin
Executive Director
[email protected]
Randy Vanhoy,
HCCP
Vice President
Property Management
[email protected]
[email protected]
Disclaimer
The views and opinions expressed by the panelist should not be
considered legal counsel and may not necessarily reflect the
official policy of position of any government agency. You
should seek legal counsel and discuss the specific
circumstances of your company and apartment community.
1
Background
Executive Order 13166
Signed in 2000 by President Bill Clinton
Language is covered under National Origin (Title VI)
Lau v. Nichols (414 U.S. 563 (1974)) the court held that the lack
of linguistically appropriate accommodations effectively
denied the Chinese students equal educational opportunities
on the basis of their ethnicity. This decision expanded the
rights of students nationwide with limited English Proficiency.
Requires recipients of Federal financial assistance
to provide meaningful access to eligible persons
2
LEP Purpose
• Eliminate language barriers that prevent eligible
persons from having meaningful access
• LEP includes persons eligible for participation in
programs, but they do not speak English at all or
very well.
• LEP does NOT include hearing or visual
impairments, Sign Language interpreters or
Braille, or issues of literacy.
3
Clarification
• The LEP Initiative recognizes the cultural
significance of the various languages
throughout many communities and does not
lessen that importance.
• The LEP Initiative seeks to eliminate language
barriers that prevent eligible persons from
having meaningful access to both RD conducted
and assisted programs.
4
Meaningful Access
• Assistance that results in accurate and effective
communication at no cost to the LEP individual.
• LEP individual must be afforded the opportunity
to enjoy the same benefits and services of the
program regardless of ability to speak and
understand English.
• RD LEP Implementation Strategy for Federally
Assisted Programs provides overall coordination
of recipient efforts in the RD assisted programs.
5
Vital Documents
• Paper or electronic written material that
contains information that is critical for
accessing a program or activity, or is
required by law, such as consent forms,
applications, and notices of rights
• These documents should be available in
languages identified through the 4-Factor
Analysis
6
Translation vs. Interpretation
• Translation
• The process of transferring ideas expressed in
writing from one language to another
language
• Applies to Vital documents
• Interpretation
• The process by which the spoken word is used
when transferring meaning between
languages
• Qualified Interpreters
7
RD Assisted LEP Guidance
All RD recipients should:
• Conduct their own 4-Factor Analysis
• Develop a Language Access Plan
(LAP)
8
4-Factor Analysis
Factor 1 – The number and proportion of
LEP persons served or encountered in the
eligible service population of the assisted
program
Research who your property serves: use
websites that give you data on those with
LEP :
https://www.lep.gov/maps/ This site will give you a state view on
counties LEP statistics
10
Another Resource:
https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml
This site allows you to drill down on statics
by:
• State
• County
• City
• Township
• Zip Code
11
12
Factor 2 – The frequency with which LEP
persons come into contact with the
assisted program, activity, and services
Food for Thought……
• Do the local schools have an English as a
Second Language Program?
• What are your property’s current
demographics?
• What resources are available in your area
that service those with Limited English
Proficiency?
13
Factor 3 – The importance of the program,
activities or services to the LEP persons
What are the risks to LEP people if
access is not provided:
• Homelessness
14
Factor 4 – The resources available to the
recipient and costs
Food for Thought:
• What local programs are
available for people whom
have limited English
proficiency?
Know what your
community partners
offer for those with
LEP your apartment
homes are within.
15
Language Access Plan (LAP)
Using the data, information and results from the 4Factor Analysis, each property should develop a
Language Access Plan- below is chart on
recommendations based on the property statistics:
Size of Language Group
Recommended Provision of Written
Language Assistance
1,000 or more in the eligible population in the market
area or among current beneficiaries
Translated vital documents
More than 5% of the eligible population or
beneficiaries AND more than 50 in number
Translated vital documents
More than 5% of the eligible population or
beneficiaries AND 50 or less in number
Translated written notice of right to receive
free oral interpretation of documents
5% or less of the eligible population or beneficiaries
AND less than 1,000 in number
No written translation is required
16
Language Access Plan (LAP)
What you need to cover:
•Part 1: Identifies LEP individuals
who need language services:
•Part 2: Language Assistance
Measures:
•Part 3: Describes how property
staff will be trained in LEP
17
Language Access Plan (LAP)
•Part 4: Vital Document
Translation
•Part 5: Notice to LEP Persons and
Populations•Part 6: Monitoring and Updating
the LAP
18
CAROLINAS COUNCIL FOR AFFORDABLE HOUSING TOOLS:
You can order:
• North Carolina Lease (Spanish version)
• South Carolina Lease (Spanish version)
• North Carolina Audio CD (Spanish version)
FREE TOOLS
• Socialserve.com (has Spanish call in
line and website can be converted to
Spanish)
• “They have an App for that” –
interpretation Apps
• On-line translation programs
Questions?
Disclaimer
The views and opinions expressed by the panelist should not be
considered legal counsel and may not necessarily reflect the
official policy of position of any government agency. You
should seek legal counsel and discuss the specific
circumstances of your company and apartment community.